Court : Uttaranchal
Reported in : II(2006)ACC546; 2007ACJ1130
..... the evidence on record it appears that the claimant used to run coal depot and he was deprived from doing his business due to the injuries received in the said accident during his medical treatment, and even thereafter, he could not resume his normal work due to hearing loss. ..... on the basis of the pleadings of the parties, following issues were framed by learned motor accidents claims tribunal:(1) whether, the accident in question was caused due to rash and negligent driving on the part of the driver of the truck ..... it is possible that promod kumar, pw 1 and raj kapoor, pw 2, might not have seen the accident themselves, but the tribunal, in our opinion, has committed grave error of law in disbelieving sudesh kumar, pw ..... 2, filed its separate written statement in which it is pleaded that no information of the accident was given by the owner of the vehicle to the answering respondent and, as such, provisions of section 158(6) of the motor vehicles act, 1988 were ..... applicant was driving the scooter very negligently and in a very rash manner and he could not control his scooter and got an accident with the truck.the above pleading taken by respondent no. ..... 1 filed before the tribunal reads as under:(8) that no accident has occurred due to sole negligence of the driver of the answering ..... in support of said finding, motor accidents claims tribunal has given the reason that in the first information report lodged, the truck registration number with whom accident is alleged to have occurred, is not .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2562
..... the impugned judgment and award has been assailed mainly on the ground that the accident occurred inside the workshop/garage and the bus was in stationary position, therefore, the finding of claims tribunal to the contrary is not tenable in the eyes ..... plethora of evidence on record to show that in fact the vehicle was taken away from the workshop two days before the accident and for carrying out minor defects, the bus was brought there again. ..... amount in deposit with this court, if any, shall be transmitted to the motor accidents claims tribunal concerned, for being paid to the claimants as directed by the learned ..... of the occurrence soon after the accident, and as his testimony on the point of rashness and negligence of the driver has remained un-rebutted coupled with the testimony of kamlesh sharma, apw 1, who had reached the spot soon after the accident, i am of the view that the learned tribunal has not committed any infirmity in holding that the accident resulting in the death of the deceased was caused due to rash and negligent driving ..... a bare perusal of the record goes to show that at the time of accident the bus in question was again brought for minor repairs, which were left to be carried in ..... this witness has deposed on oath that at the time of accident, the bus was standing by the side of the road and it was not inside ..... it was also observed by the tribunal that factum of accident and death of the deceased was the result of rash and negligent act on the part of the driver .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC597
..... the learned tribunal framed necessary issues in the case and after recording the evidence led by the parties and perusing the same, it was concluded that the accident occurred due to rash and negligent driving by the driver of the jeep in question and it was held that the driver as well as owner of the ..... in the claim petition and in additional pleas, it was asserted that there was no negligence on the part of the driver of the jeep, rather the accident took place due to heavy rains and dense fog at the spot as a result thereof, the jeep fell in the khad. ..... written statement and asserted that the vehicle was comprehensively insured by the insurance company towards third party accident and damages to property but it did not cover the passengers, therefore, the insurer is not liable ..... the learned counsel for appellants that there is no evidence to show that the driver of the jeep was in any way negligent in driving the vehicle, rather the accident occurred due to bad slippery condition of the road due to rains and fog. ..... counsel for the claimant-respondents have urged that the learned tribunal on the point of negligence had recorded a concrete finding and accordingly held that the accident occurred due to sole negligence on the part of the driver of the jeep.9. ..... motor vehicles act, 1939 (for short the act) has been preferred against the judgment and order dated 13th february, 1984 passed by the motor accident claims tribunal/district judge, tehri garhwal (in short the tribunal) in m.a.c. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2335
..... learned tribunal framed necessary issues in the case and after recording the evidence led by the parties and perusing the same, it was concluded that the accident occurred due to rash and negligent driving by the driver of jeep in question and it was held that the driver as well as owner of ..... in the claim petition and in additional pleas, it was asserted that there was no negligence on the part of the driver of the jeep, rather the accident took place due to heavy rains and dense fog at the spot as a result thereof, the jeep fell in the khad. ..... written statement and asserted that the vehicle was comprehensively insured by the insurance company towards third party accident and damages to property but it did not cover the passengers, therefore, the insurer is not liable ..... the learned counsel for appellants that there is no evidence to show that the driver of the jeep was in any way negligent in driving the vehicle, rather the accident occurred due to bad slippery condition of the road due to rains and fog. ..... the motor vehicles act, 1939 (for short 'the act') has been preferred against the judgment and order dated 13.2.1984 passed by the motor accidents claims tribunal-cum-district judge, tehri, garhwal (hereafter in short 'the tribunal') in m.a.c. ..... counsel for claimants-respondents have urged that the learned tribunal on the point of negligence had recorded a concrete finding and accordingly held that the accident occurred due to sole negligence on the part of the driver of the jeep.9. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC604
..... the owner of the vehicle budhi ballabh joshi in his written statement asserted that the accident occurred due to mechanical failure of the vehicle and there was no negligence on the part of the driver or owner. ..... deepa, besides several persons, sustained grievous injuries and consequently few died, but the claimant sulochana survived in a motor accident, which occurred due to rash and negligent driving by the driver of bus no. ..... the abovementioned three appeals arise out of the same motor accident, parties to the proceedings are same and similar questions are involved for determination in these appeals, therefore, these appeals are being decided by this common judgment for convenience. ..... sulochana negi and death of her husband and daughter was the result of injuries sustained by them in the motor vehicle accident due to rash and negligent driving by the driver of bus no. ..... admittedly, this accident had occurred on 29th may, 1989, when the provisions of section 95 of motor vehicles act, 1939 were applicable.10. ..... 16 of 1988 by motor accident claims tribunal/district judge, chamoli (in short the tribunal). ..... deepa negi on the fateful day by the ill-fated bus, which met with an accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ1455
..... therefore, the relevant question for determination in this case would be whether the tractor was being used for agricultural purposes at the time of the accident and in case if the tractor was not being used for agricultural purposes then certainly there is a breach of the condition of policy on the part of the owner of the tractor.15. ..... we do not find any infirmity in the impugned judgment and award passed by the motor accidents claims tribunal in calculating the amount of compensation awarded in favour of the claimants.13. ..... it was also pleaded that the driver of the offending tractor was having valid driving licence at the time of the accident and the tractor was insured with united india insurance co. ..... as per the claim petition, the age of the deceased atma singh at the time of accident was 49 years and he was doing the work of raj mistri. ..... judgment of the hon'ble apex court it is quite clear that in the instant case the tractor in question was loaded with sand, therefore, it can be safely inferred that the offending tractor at the time of the accident was not being used for agricultural purposes. ..... the record of the case reveals that the offending tractor was loaded with sand at the time of the accident and it hit atma singh who succumbed to injuries. ..... they also filed copy of first information report, copy of post-mortem report of deceased atma singh and the charge-sheet submitted in the criminal case lodged with regard to this accident against the driver of the offending tractor. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ1182
..... in this appeal, the impugned award has been assailed mainly on the ground that the policy conditions were violated in the present case and the vehicle involved in the accident was a commercial vehicle, which was not meant to carry gratuitous passenger, therefore, the finding of learned tribunal fastening the liability upon the appellant to pay compensation is erroneous and against the evidence on record.7 ..... ved prakash, the driver of the vehicle, himself violated the policy conditions, therefore, the insurer is not liable for compensation; that the driver was not having a valid driving licence at the time of the accident and that the petition is defective for the non-joinder of necessary party.5. ..... after recording the evidence led by the parties, learned tribunal came to the conclusion that the accident occurred due to rashness and negligence of the driver of the offending vehicle. ..... amount in deposit with this court, if any, be remitted to the motor accidents claims tribunal concerned for being paid to the claimants. ..... this appeal has been preferred under section 173 of the motor vehicles act, 1988 (in short 'the act') against the judgment and award dated 24.10.2005, passed by the motor accidents claims tribunal/special judge, nainital (in short 'the tribunal'), in m.a.c. ..... 260.50 as his salary as clerk-cum-storekeeper from his employer, lost his life in a vehicular accident which occurred on 10.2.1989 at about 10 p.m. ..... , the vehicle involved in the accident was a commercial vehicle, i.e. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr30
..... the learned trial court after appraisal of the evidence came to the conclusion that the accident was not caused due to the rash and negligent driving of the offending truck and dismissed the claim petition.5. ..... the claim petition had been contested by the owner, driver and the insurer of the offending truck and they had alleged that there was no negligence on the part of the offending truck and the accident was the result of the own negligence of the deceased. ..... i view of the above, 1 am completely in agreement with the findings recorded by the learned iii additional district judge, nainital in motor accident claim no. ..... this appeal has been preferred against the judgment and order dated 5-5-1980 passed by sri naseem uddin, the then iii additional district judge, nainital in motor accident claim no. ..... the age of the deceased tula ram had been stated to be 40 years at the time of accident.3. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2007)ACC109
..... law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation--for the purposes of this sub-section, 'permanent disability' ..... (supra), has laid down thus:section 92a of the act provides that where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay ..... filing written statement stating therein that the insurance company is not liable to pay amount of compensation and that the vehicle alleged to be involved in the accident was not being driven by the person holding a licence and the tractor was insured for compensation risk for rs. ..... it was also alleged that the death of karan singh was not the result of any accident of the motor vehicle but the offending tractor was used for commission of murder of the deceased; hence the insurance company is ..... the requirement being 'death or permanent disablement of any person has resulted from any accident arising out of the use of a motor vehicle', an amount of interim award under section 140 of the 1988 act on account of 'no-fault .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC253
..... against the driver, his handing over to the custody of the police soon after the accident coupled with the testimony of eye-witnesses lead to only inference that the driver of the truck in question was sole responsible. ..... appeal by the owner of the vehicle, under section 110d of the motor vehicles act, 1939 (for short the old act) is directed against the judgment and award dated 30.6.1982 passed by the then motor accident claims tribunal/i additional district judge, nainital (for short the tribunal) passed in claim petition no. ..... at the outset, it may be mentioned that the owner has admitted the accident and has raised the plea that it was the deceased himself, who was driving his motor bike rashly and negligently. ..... the owner-appellant resisted the petition and denied the accident as result of rash and negligent driving, rather it was asserted that the accident occurred due to own negligence of the deceased. ..... 13,50,000 for the death of ravinder nath bakshi in a vehicular accident which occurred on 3.7.1979 between kashipur and ramnagar near village pratappur involving truck no. ..... 6, held that the accident resulting into fatal injuries to the deceased ravinder nath bakshi was caused due to rash and negligent driving by the driver of the offending truck no, utf-3744 alone. ..... of the accident was also lodged with the police and the driver of the offending truck was also apprehended by the witnesses and given in the custody of the police. ..... for the accident. .....
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